Ala. Great Southern Railroad v. McAlpine & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Greene. Tried before the ITon. S. H. Sprott. On the trial of this cause the plaintiffs introduced evidence to show that on or about the 26th day of November, 1881, they had a mare killed by the train on the Ala. Great Southern Railway about a half mile south-west of Boligee in Greene county ; that the mare was worth from sixty.five to seventy dollars, and that she was killed by the negligence of the defendant.
Read the full summary
Appeal from the Circuit Court of Greene. Tried before the ITon. S. H. Sprott. On the trial of this cause the plaintiffs introduced evidence to show that on or about the 26th day of November, 1881, they had a mare killed by the train on the Ala. Great Southern Railway about a half mile south-west of Boligee in Greene county ; that the mare was worth from sixty.five to seventy dollars, and that she was killed by the negligence of the defendant. The plaintiffs also introduced proof that onor about the 4th day of November, 1881, the agents of the defendant corporation had, by their negligence,…
1Opinion of the CourtStone, C. J.
This was an action on the case brought by McAlpine & Co. against the railroad company, and alleges that by two separate acts of negligence, and at different times, the railroad corporation killed a mare and a mule, the property of plaintiffs. The record and recovery show' that the plaintiffs recovered damages for the loss of the mare, and failed to recover for the loss of the mule. Each party has taken an appeal, and each assigns errors. Both issues being presented in one suit, and there being but one judgment and verdict, that judgment can not be both affirmed and reversed. If reversed on…
2Cases cited8 opinions
- South & North Alabama Railroad v. ThompsonSupreme Court of Alabama · 1878
- East Tenn., Va. & Ga. Railroad v. BaylissSupreme Court of Alabama · 1883
- Mobile & Ohio Railroad v. WilliamsSupreme Court of Alabama · 1875
- South & North Alabama Railroad v. WilliamsSupreme Court of Alabama · 1880
- Alabama Great Southern Railroad v. McAlpine & Co.Supreme Court of Alabama · 1883
3 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Birmingham Mineral R. R. v. HarrisSupreme Court of Alabama · 1893
- Cartwright v. HughesSupreme Court of Alabama · 1933
- Clark v. Container Corp. of America, Inc.Supreme Court of Alabama · 1991
- Nashville, Chattanooga & St. Louis Railroad v. HembreeSupreme Court of Alabama · 1888
- Georgia Pacific R. R. v. BlantonSupreme Court of Alabama · 1887
15 more not listed; retrieve them via the Exa API.